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(영문) 수원지방법원평택지원 2015.08.21 2014가단41761
공사대금
Text

1. The Defendant (Counterclaim Plaintiff) shall pay to the Plaintiff (Counterclaim Defendant) KRW 8,021,215 as well as the full payment from October 23, 2013.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On April 2013, the Plaintiff entered into a contract with the Defendant on the construction of Pyeongtaek-si B’s ground (hereinafter “instant housing”) under which the Plaintiff would receive a contract for the instant construction work by setting the price of KRW 55 million (including surtax) and the period from April 20, 2013 to May 30, 2013, with the construction cost of KRW 5.5 million (including surtax) on May 25, 2013, and entered into an additional construction contract for the instant housing construction work (hereinafter “instant construction work”).

B. Around June 20, 2013, the Plaintiff completed the instant construction project, and received payment from the Defendant for the construction cost of the instant case in total of KRW 45 million (= KRW 25 million) on May 7, 2013 and KRW 20 million on May 30, 2013.

C. Meanwhile, there is a defect (including pre-construction and pre-construction; hereinafter “instant defect”) as indicated in the attached Table with respect to the instant construction project, and the amount of damages, such as reconstruction costs, is a total of KRW 7,478,785 (hereinafter “the amount of damages of the instant construction project”).

[Reasons for Recognition] Uncontentious Facts, Gap evidence 2-1, Gap evidence 2-2, Gap evidence 4, the result of additional appraisal by an appraiser, the purport of the whole pleadings

2. We examine the judgment on the claim of this case. The remainder of the construction of this case is KRW 15 million [the total construction price of KRW 60,55 million + the total construction price of KRW 50,500,000] - there is no dispute between the parties, and the plaintiff is entitled to the deduction of KRW 7,478,785 as damages of the defects of this case. Thus, the defendant is obligated to pay damages for delay at the rate of KRW 20% per annum as provided by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from October 23, 2013 to the day of full payment, as the plaintiff seeks.

3. Judgment on the counterclaim

A. The defendant's assertion 1 of this case.

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